U.S. v. GARDNER

No. 07-5947.

649 F.3d 437 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. Daniel Roy GARDNER, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 12, 2011.


Attorney(s) appearing for the Case

ARGUED: Blanche Bong Cook , Assistant United States Attorney, Nashville, Tennessee, for Appellant. Jennifer Lynn Thompson , Nashville, Tennessee, for Appellee. ON BRIEF: S. Carran Daughtrey , Courtney D. Trombly , Assistant United States Attorneys, Nashville, Tennessee, for Appellant. Jennifer Lynn Thompson , Nashville, Tennessee, for Appellee.

Before: GIBBONS and WHITE, Circuit Judges; OLIVER, Chief District Judge.


OPINION

JULIA SMITH GIBBONS, Circuit Judge.

The government appeals the district court's decision not to apply a fifteen-year mandatory minimum sentence under 18 U.S.C. § 2252A(b)(1) following defendant-appellee Daniel Roy Gardner's guilty plea for receipt and possession of child pornography. For the reasons that follow, we affirm the district court's decision.

I.

Gardner, born in Idaho Falls, Idaho, in 1952, left home in 1970 and served...

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